Terms and Conditions of Use of the Website

Welcome to Radiospick

General Terms and Conditions

1. Service

The Site and the Service is offered by the provider: DELFT TECHNOLOGY DO BRASIL, CNPJ 27.274.557/0001-77, Alameda Araguaia, 933, conjunto 86, subconjunto 01, Alphaville, Barueri, São Paulo, CEP 06455-000.

By using our service, you expressly accept the following terms and conditions.

The site and the service, including all features and functionalities, as well as user interfaces, and all associated content and software (the "provider" or "service") are offered under the conditions set forth in these Terms and Conditions of Use ("Terms") together with the other agreements and documents referred to in this document, including any future amendments that may be made. By using the Site and/or the Service, whether as a Premium Member User or as a temporary Guest, you accept the Terms and Conditions thereof in full, accepting in turn that it is a binding contract between you and the provider. If you do not wish to be bound by these Terms, leave the site immediately and stop using the service.

2. The agreement

You agree that no contract or agreement is established and that you do not have rights to the Service, until such time as the provider has agreed to provide it to you. You also agree that the provider may amend or modify the Agreement at any time, without notice. The changes will take effect immediately after the publication of said amended or modified terms on the Site, and the provider will notify you of the modification of said terms. You agree that, if you use the Site and/or the Service after the supplier notifies you of such amendments or modifications, you have accepted the Agreement in its modified version. If you do not accept compliance with the amended or amended agreement, you should not use the Site or the Service.

We may refuse any application to use the Services for any reason.

3. License

The Provider is pleased to grant you a limited and non-exclusive license to use the Services of the provider, including access and viewing of the Contents that are offered exclusively for personal and non-commercial purposes, as set forth in these Terms.

We reserve the right, at our sole and absolute discretion, to make occasional changes without prior notice in the way we operate our service. Any description of how it works should not be considered a representation or obligation with respect to how it will work in the future. We constantly make adjustments and, often, these adjustments are not fully reflected in these Terms of Use.

The content of the service is only accessible personally and for non-commercial purposes in accordance with these Terms. You may not, directly or through the use of any device, software, Internet site, web service or other means, remove, alter, circumvent, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the content or any digital rights management mechanism, device or other measure of access control or content protection associated with it, including geo-filtering mechanisms. You may not directly or through the use of any device, software, Internet site, web-based service or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, transmit, perform, display, sell, transmit or retransmit the content unless expressly permitted in writing by the provider.

You may not incorporate the Content, transmit or retransmit it through any hardware or software application, or make it available through online frames or links, unless expressly permitted in writing by the provider. In addition, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by the provider. You can not build a business that uses the Content, whether or not for profit. The content covered by these restrictions includes, among others, text, graphics, design, interface, logos, photographs, audio and video materials or frames. In addition, you are strictly prohibited from creating derivative works or materials based on the Content in any way, including montages, mixes and similar videos, wallpapers, desktop themes, greeting cards and merchandise, unless expressly permitted by the provider. written. This prohibition applies even if you intend to give away the derivative materials free of charge.

Availability: The availability of the content will change from time to time, and from country to country. The playback, viewing or audio quality of the contents may vary from one computer to another and from one device to another, and may be affected by a variety of factors, such as location, available bandwidth and/or speed of your Internet connection. The provider does not give guarantees about the quality of their experience.

Geographical limitation: You can instantly view the content through the provider's service only in the geographic locations where we offer our service and are licensed by them. The content that may be available will vary depending on the geographic location. The provider will use the appropriate technologies to verify their geographic location.

4. Support service

To use the Services, any device on which you wish to use it must comply with the minimum requirements of the Site, ie Internet connection, web browser, Java Script, shockwave, flash etc.

Support services are only provided during the provider's usual working hours and exclude weekends and holidays. The provider may condition the time and delivery of the Support Services to any method you choose, which may include communication by email, through the live chat system, or even through the same Site. To take advantage of Support Services, you may have to purchase additional or different equipment or services from third parties.

The provider has no obligation to provide any other assistance, support, maintenance or other services or to perform any assistance through any other method. If the provider, in its sole discretion, agrees to provide additional services, such additional service will be governed by these Terms.

In any case, support will always be provided through the following means:

Phone: + 5511 0-800-761-1628

E-mail: support@radiospick.net

5. Rates and Payment

During your registration, you may be offered a free 7-day trial. If you cancel your account within the free trial period, you will only see the verification charges and their corresponding reimbursements on your statement. If you do not cancel your account within this time, your account will be automatically extended to a premium account at a cost of $ USD49.99 per month. When you start your premium subscription, you expressly accept that we are authorized to charge you a monthly fee corresponding to the rate in effect at that time, to the payment method you provided during registration (or to a different payment method if you change your account information).

You can use a credit or debit card to make payments.

Please note that prices and charges are subject to change with prior notice. As indicated in these Terms of Use, the "billing" will involve a charge against your payment method. The subscription fee will be charged at the beginning of the payment period established at the time of registration for the first time, and every month thereafter, until you cancel your subscription.

We automatically bill your payment method every month on the calendar day corresponding to the beginning of your subscription. You acknowledge that the amount billed each month may vary due to the inclusion of different amounts derived from promotional offers; and also authorizes us to charge your payment method the amounts that respond to these services and that will be billed monthly in one or more charges.

For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or related charges. Check with your bank's issuers and credit card for more details.

All prices and charges mentioned in this document will be considered gross prices and will contain all taxes, however, they do not contain commissions or charges that may be incurred in relation to the particular payment method chosen. You declare to acknowledge and accept its terms and use, and agree to make the payment in this way.

The provider, within the limits allowed by law, is not responsible for any inconvenience or damage caused by the use of the particular payment method, especially delays or the impossibility of making the payment. In that case, you must file a complaint about those services with your provider, in the manner stipulated by their terms of use.

By accepting the Terms of Use, you declare that all payments will be made with funds from a legitimate source. By accepting the Terms of Use, you agree to the transfer of your personal data (ie: name, surname, address, email address and bank account number) to the provider in order to make that payment.

Internet access charges: You are responsible for the costs incurred to access the Internet.

Free tests: If you have registered with a free trial version, there will be no charges for premium subscription to the payment method during the period indicated as a free trial. However, once this period is over, it will be billed according to the stipulations of these terms, unless you cancel the subscription before the end of the free trial period.

Small charges may also be made during the free trial period, which will be reimbursed in any case, in order to authorize your card and verify its validity, before beginning the Premium subscription period.

At any time and for any reason, we may provide a refund, discount or other consideration to some or all of our members. The amount and form of said perks, as well as the decision to provide them, are at our sole and absolute discretion. The provision of punctual of the same does not suppose an acquired right and therefore does not suppose any obligation for the provider under any circumstance.

We may change the rates and charges in effect, or add new fees and charges from time to time, but we will notify you in advance of these changes by email. If you want to use a different payment method or if there is a change in the payment method, such as the validity or expiration date of your credit card, you can edit your information by visiting our website and accessing your user panel. If your payment method reaches its expiration date and you do not edit your information or cancel your account (see "Cancellation" below), you authorize us to continue billing that payment method and you are responsible for the amounts not collected.

Registration of credit / debit card: In order to increase the security of each client that uses our services, we can make one or several verification charges on your credit or debit card, with a variable amount. Please note that these charges will be automatically reimbursed to your account and are exclusively for the purpose of validating the customer's payment method. These verification charges may occur within the first 7 days of the registration period, as well as at any time during the duration of the service. If you have any questions regarding these charges, please contact our support service. If you do not cancel your account within a week, it will automatically be extended to a Premium account at a cost of $ USD49.99 per month.

Once the trial period has been completed, the provider may charge the necessary amounts to his method of payment, in the manner and time he deems appropriate, without ever exceeding the limit of $ USD49.99 per month (or any other effective rate duly notified to the user). in the terms and conditions set forth herein)

6. Cancel

You can cancel your subscription at any time and you will continue to have access to the service until the end of your monthly billing period. Please note that you must cancel your subscription before renewing each monthly period to avoid the next billing. To cancel your account, you can go to the configuration of your account and perform the management from there, or you can call us at + 5511 0-800-761-1628 or write us an email to support@radiospick.net

If you cancel your subscription, the cancellation will be effective at the end of the current Monthly Period, which means you will have continuous access to the platform for the remainder of that period, but you will not receive a refund.

Fraud and unauthorized use: The provider cares about your security and protects you against fraud. In the event that you detect any charge in your account that has not been previously authorized and that is not related to you, directly or indirectly, the provider will reimburse you the total amount. In case you experience a fraudulent charge to your account, please contact our support team by phone at + 5511 0-800-761-1628 or by email at support@radiospick.net

Refunds: Please note that payments are non-refundable and we do not provide refunds for partial month subscription periods. At any time and for any reason, we may provide a refund, discount or other consideration to some or all of our members if we deem it appropriate. The amount and form of such refunds, as well as the decision to provide them, are at our sole and absolute discretion.

After the end of your premium subscription, you understand and acknowledge that we have no other obligation to provide any type of content. At the time of termination or suspension, you will no longer be able to access any content, material or information that you have submitted on the site or that is related to your account. In addition, the Provider will not be required to keep any information stored in its database related to your account or to send information to you or any third party.

Any suspension, termination or cancellation will not affect your obligations to the provider under these Terms of Use (including, among others, property rights, compensation and limitation of liability), which by their meaning and context are intended to survive such suspension, termination or cancellation.

7. The contract

We reserve the right to rescind or restrict the use of our service, without prior notice, for any reason or no reason.

You have the right to file a complaint about the Services. Any complaint will be sent to the email address: support@radiospick.net with a brief description of the reasons for the complaint. Each complaint received will be studied within 30 business days, and you will be informed of the result of the complaint within 5 days.

8. Your responsabilities

All users must use the Services of the provider only for legal, non-commercial and appropriate purposes. You agree to observe the Provider Services, the Content and the embedding restrictions detailed above, and further agree that you will not access the Site or use the Provider Services in any way that:

  • violates the rights of others, including patents, trademarks, trade secrets, copyright, privacy, publicity or other property rights; uses technology or other means to access, index, frame or link to the Provider Services (including Content) that is not authorized by the provider (including by deleting, disabling, or bypassing any content protection mechanism or access control intended for prevent unauthorized downloading, flow capture, linking, framing, reproduction, access or distribution of the Provider Services);
  • imply access to the Services of the provider (including the Content) through any automated means, including "robots", "spiders" or "offline readers" (other than searches carried out individually in public access searchers)
  • introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • damage, disablement, overload, deterioration or unauthorized access to the Services of the provider, including the provider's servers, the computer network or user accounts;
  • delete, modify, deactivate, block, obscure or damage any advertising related to the Provider Services (including Content);
  • use the Provider Services to advertise or promote services that the provider did not expressly approve in advance and in writing;
  • collect personally identifiable information in violation of the Provider's Privacy Policy;
  • encourages conduct that constitutes a criminal offense or would result in civil liability;
  • violates these Terms or any guidance or policy published by the provider;
  • interfere with the use and enjoyment of the provider's services by third parties;
  • try to do any of the above.

Therefore, the use of services is limited to:

  • use the content for personal and private use only (and not for any direct or indirect commercial purpose); and
  • no other person will be encouraged or assisted to copy, reproduce, lend, rent, broadcast, distribute or transmit any Content;
  • no other person will be encouraged or helped to circumvent, modify, remove, reverse engineer, decompile, disassemble, alter or otherwise tamper with the security, encryption or other technology or rights management software that is part of Content or part of the means by which we transmit the content to you.

9. Suspension / interruption

We hope not to do so, but we may change, or suspend, temporarily or permanently, some or all of the Provider's Services (including Content and the devices through which the Services are accessed), with respect to any or all users, at any time and without notice. You acknowledge that the provider may do so at the discretion of the provider.

You also agree that the provider will not be liable to you for any modification, suspension or interruption of the Services, although the provider may, at its sole discretion, provide you with a credit, refund, discount or other form of compensation (for example, we can credit days additional service to your account). However, if the provider cancels your account or suspends or interrupts your access to the Services due to violation of these Terms, no credit, refund, discount or other similar consideration will be applied to you.

10. Copyright

All content is property of a provider (or of our affiliates and / or third parties (as applicable), unless otherwise indicated The materials can not be used, except as stipulated in these Terms.

You acknowledge and agree that a part of the content provided to you is owned by third parties and without prejudice to each and every other available rights and resources, each third party has the right to directly apply the relevant provisions within these Terms in its against.

11. Links to another web sites

The Site or the Services may provide links to websites that are not the provider's own. These links are provided for reference only, and the provider does not control such websites or endorse any of the materials on such websites or hold any association with its operators. The Provider is not responsible for the activities of such sites, and has no liability to you for any damages, injuries or losses you may suffer as a result of your use or access to such websites.

12. Trademarks

The supplier, the supplier's logo and all other brands of the supplier's products or services are its own trademarks. All other trademarks, logos, images, products and company names that are displayed or mentioned on the website or any device are the property of their respective owners. Nothing grants you any license or right to use, alter or remove such material.

13. Force majeure

The Provider shall not be liable to you for any failure or delay in fulfilling its obligations hereunder due to events beyond its reasonable control, which may include, among others, denial of service attacks, strikes, stockouts, riots, insurrection, fires, floods, storms, explosions, acts of force majeure, war, terrorism, government action, working conditions, earthquakes, shortage of materials, Internet failures or extraordinary connectivity problems experienced by the main telecommunications providers and not related to the supplier's infrastructure (each of them is a 'Force Majeure Event').

Upon the occurrence of a Force Majeure Event, the provider will be excused from any additional performance of its obligations for the time the event continues, and for the additional period of reasonable time that may require recovering from the Force Majeure Event.

14. Warranty disclaimer

You understand and expressly accept that the use of the site and the service is done at your own risk. The provider and its suppliers provide the service without any guarantee or condition of any kind, whether express, implicit, regulatory or otherwise.

Likewise, the provider does not guarantee that the site and the service comply with its particular requirements, nor that they are interrupted due to causes beyond the control of the same. Likewise, the provider is not responsible for any other circumstance beyond the servers, the site or the service provided by the same.

All materials obtained external to the site or the service, will be the sole responsibility of the user and the provider declines any type of responsibility in relation to them.

15. General

Beneficiaries: You are not the beneficiary of any obligation that the provider owes to a third party, and no other person is the beneficiary of any obligation that the provider owes you.

Relationship: You agree that there is no joint venture, partnership, employment or agency relationship between you and the provider as a result of the Agreement or use of the Site or Service.

Compensation: You agree to indemnify and hold the provider, its owners, subsidiaries, affiliates, officers, directors and employees harmless from any claim, claim or damage, including reasonable attorney's fees, filed by third parties due to or arising from your use or conduct in the use of the Site and / or Service.

Severability: If any provision of the Agreement is found to be invalid or unenforceable, including, but not limited to, disclaimers of liability and limitations of liability set forth above, that provision will not apply and the remaining provisions will apply.

I don't waive: The failure of the provider to act with respect to a breach by you or by third parties does not relieve the provider of its right to act with respect to subsequent or similar infractions.

No assignment: You may not assign or transfer any right or obligation under the Agreement, including, but not limited to, the Service, and any attempt to the contrary is void.

Amendments: Except as specified herein, no amendment to the Agreement may be made unless it is in writing and signed by an authorized representative of the provider.

Headings: The titles of the sections in these Terms are for convenience only and have no legal or contractual effect.

Copies: A printed version of this agreement shall be admissible in judicial or administrative proceedings based or related to this agreement to the same extent and subject to the same conditions as other commercial documents and records originally generated and maintained in printed form.

16. Jurisdiction and applicable law

In the event that any conflict or discrepancy arises in the interpretation or application of these terms and conditions, the Courts and Tribunals that, as the case may be, will know the matter will be the Courts and Tribunals of Sao Paulo.

Both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Sao Paulo, unless otherwise agreed between the parties.